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A CRITICAL ANALYSIS OF THE EVIDENCES PRESENTED IN THE PROSECUTION OF RAPE CASES IN THE WESTERN AREA, SIERRA LEONE
A DISSERTATION
BY
ADAMA FUADETTE SANKOH (3383)
SUBMITTED TO THE DEPARTMENT OF LAW, UNIVERISTY OF MAKENI-
SIERRA LEONE
(2019/2020)
A DISSERTATION SUBMITTED TO THE DEPARTMENT OF LAW IN PARTIAL FULFILMENT FOR THE AWARD OF BACHELOR OF LAWS WITH
HONOURS
SUPERVISOR: ABUBAKARR KOROMA, LLM, M.Sc.
A CRITICAL ANALYSIS OF THE EVIDENCES PRESENTED IN THE PROSECUTION OF RAPE CASES IN THE WESTERN AREA, SIERRA LEONE
A DISSERTATION
BY
ADAMA FUADETTE SANKOH (3383)
SUBMITTED TO THE DEPARTMENT OF LAW, UNIVERISTY OF MAKENI-
SIERRA LEONE
IN PARTIAL FULFILMENT FOR THE AWARD OF BACHELOR OF LAWS WITH HONOURS DEGREE
SUPERVISOR: ABUBAKARR KOROMA, LLM, M.Sc.

(2019/2020)
DEDICATION
This work is dedicated to the Almighty God, my mother and brothers, Ibrahim Sheriff and all well-wishers that did contribute in one way or the other towards the
attainment of my first degree.
ACKNOWLEDGEMENT
On the very outset of this report, I would like to extend my sincere and heartfelt obligation towards all the personages who have helped me in this endeavor. Without
their active guidance, help, cooperation and encouragement, I would not have made headway in the project.
I am ineffably indebted to Fatmata Daramy and Ibrahim Sheriff and Dr. Sam Kargbo, Boniface Sidikie Kamara for conscientious guidance and encouragement to
accomplish this assignment.
I am extremely thankful to Fatmata Daramy for her valuable guidance and support for completion of this project.
I extend my gratitude to Irrissa Kargbo, Salieu Sankoh, Sanusie Sankoh. For giving me this opportunity
I also acknowledge with a deep sense of reverence, my gratitude towards my parents and members of my family who have always supported me morally as well as
economically.
Finally, gratitude goes to all of my friends who directly or indirectly helped me complete this course successfully.
ABSTRACT
This work critically examines the evidences presented in the prosecution of rape cases in the western area. By popular opinion, the offence of rape has garnered public
attention owing to the ceaseless mounting of anti-sexual-offence campaign since 2018. The rationale has been due to the lack of expected attention the situation
deserves. In fact, according to the National Crimes Statistics, it is reported that in 2017, 77 rape cases and 2,124 sexual offences were recorded but only 5 were
1
prosecuted and 4 were thrown out of court for want of evidence. In proving rape cases, the evidence presented by the victim is not only relied on, but other facts other
than those of the victim are conventionally demanded as corroboration. Hence, the presence and absence of corroborative evidence hugely affects the outcome of the
case. It brings us to the question as to whether the victim’s evidence is morally and legally sufficient in rape trials. It was discovered that Sierra Leone lacks an
Evidence Statute and proper health facilities to ease evidence gathering by the police. The researcher will employ qualitative and quantitative methodology by
reviewing the relevant literatures targeting statutes and cases as primary sources. Secondary information from online and offline sources will be reviewed targeting
books, journals and reports. Statistics of sexual offences will be reviewed to complement the qualitative data. Interviews will be conducted unveil first-hand
information from victims about trial processes.
1
Bintu Conteh and Regina Pratt, Sierra Leone: Seeking Justice For Rape Survivors 2016 at https://reliefweb.int/report/sierra-leone/sierra-leone-seeking-justice-rape-survivors accessed> August 24,
2020
CERTIFICATION
I, Adama F Sankoh, the author of this work declare that save for references I have made to the works of other authors, this research in its entirety was actually
conducted by myself .I also honestly affirm that a work of this nature has never been partially of holistically submitted for the award of any degree or for any other
academic qualification to any university or any other academic institution. I also affirm that this thesis does not infringe on any one’s copy rights. I further solidly
affirm that this document is a true copy of my original research.
Supervisor’s signature ………………………
Date…………………………… ……………
TABLE OF CONTENTS
CHAPTER ONE –INTRODUCTION......................................................................................................................................................................................................................................3
1.1 Background........................................................................................................................................................................................................................................................................3
1.2 Justification........................................................................................................................................................................................................................................................................4
1.3 Aims and Objectives...........................................................................................................................................................................................................................................................6
1.4 Research Questions............................................................................................................................................................................................................................................................6
1.5 Problem Statement.............................................................................................................................................................................................................................................................7
1.6 Literature Review...............................................................................................................................................................................................................................................................7
1.6.1 The Rape Corroboration Requirement: Repeal Not Reform...........................................................................................................................................................................................7
1.6.2 The international politics of rape, sex and the family in Sierra Leone............................................................................................................................................................................9
1.6.3 Wife Abuse in Sierra Leone: Polygamous Marriages in Dual Legal System................................................................................................................................................................10
1.5 Methodology....................................................................................................................................................................................................................................................................11
1.6 Scope of Study..................................................................................................................................................................................................................................................................11
1.7 Chapter Overview.............................................................................................................................................................................................................................................................11
CHAPTER TWO: HISTORICAL DEVELOPMENT OF THE LAW OF EVIDENCE........................................................................................................................................................13
2.0 Introduction......................................................................................................................................................................................................................................................................13
2.1. Definition and Types of Evidence...................................................................................................................................................................................................................................13
2.2 The Nature of Evidence in Rape Cases............................................................................................................................................................................................................................14
2.3 Understanding Evidence...................................................................................................................................................................................................................................................16
2.4 The Common Law Meaning of Rape...............................................................................................................................................................................................................................17
2.5 The Historical Common Law Aspect of Rape..................................................................................................................................................................................................................17
2.6 The Criticism Made Against the Law of Rape.................................................................................................................................................................................................................18
2.7 Definition of Rape............................................................................................................................................................................................................................................................19
2.8 Conclusion........................................................................................................................................................................................................................................................................20
CHAPTER THREE- LEGAL INSTRUMENTS ON RAPE IN SIERRA LEONE......................................................................................................................................................21
3.0 Introduction......................................................................................................................................................................................................................................................................22
3.1 Establishing culpability in rape cases...............................................................................................................................................................................................................................22
3.2 Corroboration...................................................................................................................................................................................................................................................................24
3.2.1 Corroboration Requirement in Sexual Offences: The English Common Law Experience............................................................................................................................................25
3.2.2 Justification for Corroboration Requirement.................................................................................................................................................................................................................26
3.3 Corroboration Requirement in England after the 1994 Act..............................................................................................................................................................................................28
3.4 Corroboration in Context of Sierra Leone........................................................................................................................................................................................................................30
3.5 The Role of Police in Sexual Assault Investigations........................................................................................................................................................................................................31
3.6 Role of Health Care Providers..........................................................................................................................................................................................................................................32
3.7 The Role of Forensic Evidence in Cases of Sexual Violence...........................................................................................................................................................................................33
3.8 The Role of Police in Rape Investigations.......................................................................................................................................................................................................................34
3.9 Conclusions......................................................................................................................................................................................................................................................................34
CHAPTER FOUR- DATA PRESENTATION, DISCUSSIONS AND ANALYSIS............................................................................................................................................................36
4.0 Introduction......................................................................................................................................................................................................................................................................36
4.1 Victims’ contact with the law enforcement authorities....................................................................................................................................................................................................38
4.2 Victims’ experience of the medical examination.............................................................................................................................................................................................................40
4.3 Victims’ experience going through the trial procedures...................................................................................................................................................................................................41
4.4 Conclusions......................................................................................................................................................................................................................................................................45
CHAPTER FIVE....................................................................................................................................................................................................................................................................46
5.1 Conclusion........................................................................................................................................................................................................................................................................46
5.2 Recommendations............................................................................................................................................................................................................................................................47
BIBLIOGRAPHY..................................................................................................................................................................................................................................................................49
TABLE OF AUTHOURITIES
STATUTES
1. Sexual Offences Act 2012
2. Sexual Offences (Amendment) Act of 2019
CASES
1. State v. Sheku Collier (Tapo) (001) [2020] SLHC 21
2. State v. Mohamed Bangura (CRN 261/2016) [2019] SLHC 30
3. R v. Makanjuola [1995] 1 WLR 1348
4. R v. Day (1841) 9 C&P722; 173 ER 1026

CHAPTER ONE –INTRODUCTION
1.1 Background
2
The prevalence of the offence of rape is on the increase on a daily basis, country wide . It seems to be commoner in the main cities in Sierra Leone and particularly in
3
the Western Area where gory stories of defilement of young girls decorate the pages of newspapers on a daily basis . One will expect that in a criminally charged
atmosphere such as this, the law will be designed to punish culpable offenders and rehabilitate victims. This, however, is not the case, to ground conviction, the law
4
requires that penetration must be proved; that the victim must not have consented; and lastly, that her story must be ably and independently corroborated.
Moreover, whereas in other countries, medical examination and report on victims are easily and readily available to assist the prosecution of alleged rape cases, this is
sadly not the case in Sierra Leone. Therefore, the paucity or limited availability of medical facilities, equipment and properly trained, qualified and certified personnel
to carry out proper medical and forensic investigation on the victims so as to provide the all-important “corroborative evidence”, which in legal terms is a sine qua non
5
for conviction remains a mammoth challenge for the prosecution.
In addition to all the above challenges, the actual prosecution of the alleged offences are mostly carried out by, with all due respect, poorly trained and less experienced
police prosecutors who struggle to grapple with the technicalities of the law, the intrigues of legal practice, and the intricacies of procedure. Sometimes a rape case may
be reported at a police station, the charge may later be dismissed. Also, the reporting of most rape cases does not necessarily result in the arrest of the alleged
2
Family Support Unit Sierra Leone, Addressing GBV in Sierra Leone, status report of FSU -SL on GBV, handbill published with the support of UNFPA, 2016.
3
Ibid
4
Francis Ben Kaifala (current Anti-corruption Commissioner) ( 2017) “Rape, Paedophilia and Sexual Assault on Girls: Challenges for Accessing Justice by Victims’’https://www.google.com/url?
sa=t&sources=web&rct=j&url=https://sierrii.org/content/ 02/20/2020
5
Ibid
6
perpetrator. Even after an arrest, a trial is not assured . The preliminary hearing may have the effect of intimidating a victim into dropping charges. This leaves the case
7
at the mercy of usually very well trained and experienced defense lawyers (because the Accused person or their families or well-wishers can afford them).
This dissertation therefore seeks to examine the Sierra Leone Law on rape with particular emphasis on how the law defines the essential ingredients of that offence,
namely: penetration, corroboration and non-consent. It also tries to fetch the feedback of victims who have attempted to prosecute their offenders, the feedback of the
victims who went through the rigors of court in trying to obtain justice for having been raped, and the feedback of officers like police and medical personnel who have
aided the prosecution of rape cases. The aim purpose of examining the law and getting feedback is to answer the question whether the twenty first century Sierra Leone
is legally and materially equipped to prosecute rape cases.
1.2 Justification
8
In 2008 the United Nations Security Council adopted Resolution which declared rape to be a threat to global security - an act recognizing that rape violates its victims’
human rights and has particularly destructive social consequences. The Council also recognized that rape may cause considerable physical and psychological
9
morbidity . Sierra Leone being a member of the world community, worked rigorously to meet the guideline of the United Nations in combating rape crimes and in
2012, the parliament of Sierra Leone unanimously passed into act the 2012 Sexual Offences Act. Thus, 2020 marked eight years since the Sexual Offences Act was
enacted. The Act made significant changes to the law of rape by increasing on the types of sexual offences including those involving children, and sentencing
guidelines. Recently, his Excellency President Maada Bio stated that of nearly 3,000 reported sexual assault cases, 602 of the survivors became pregnant; 7 of them
contracted HIV/AIDS; 2,404 had STDs; thousands more were scarred and traumatized by the ordeal. Only 39 of these 3,000 reported cases were successfully
10
prosecuted whilst 2,961 of the survivors of sexual violence were denied justice.
In addition to all the above challenges, the actual prosecution of the alleged offences are mostly carried out by poorly trained and less experienced police prosecutors
who struggle to grapple with the technicalities of the law, the intrigues of legal practice, and the intricacies of procedure. This leaves the case at the mercy of usually
11
very well trained and experienced defense lawyers (because the Accused person or their families or well-wishers can afford them).
1.3 Aims and Objectives
1. To investigate whether the Sierra Leone criminal justice system relies on the cautionary rule or corroboration evidence rule in the prosecution of rape cases
2. To find out whether the institutions established to investigate and prosecute rape cases are adequately resourced and structured to provide corroborative
evidences that meet the standard of acceptability.
3. To probe into the experiences of victims of rape as to whether they have been traumatized, denied their rights to access to justice or received unfair trials.
6
Awoko, Mohammed Kabba, Sierra Leone News: The President Launches The Hands Off Our Girls Project , available at < http://awoko.org/2019/06/18/sierra-leone-news/> accessed 12/01/2020
7
8
UN Security Council, Security Council Resolution 1820 (2008), acts on sexual violence against civilian in armed conflicts, 19 June 2008,S/RES/1820 (2008)
9
United Nations Security Council Resolutions (UNSCR) 1325 & 1820
10
11
1.4 Research Questions
Is 21st Century Sierra Leone equipped to present convincing evidence in the prosecution of rape cases?
Sub-research questions?
1. Has the state adopted appropriate laws that enhanced fair prosecution of cases of rape and where Sierra Leone legal provision stands with regards to rape and the
requirement of corroboration of evidence?
2. Do the Sierra Leone police investigators and medical personnel receive training with regard to rape in general and specifically to the significance and use of
forensic evidence in cases of rape?
3. What the victims of rape say about their experiences in trying to prosecute their offenders?
4. What experience do they recount going through the rigors of the police investigators, medical personnel, and the court as victims of rape?
1.5 Problem Statement
Adducing evidence in sexual offences remains a controversial aspect in rape cases proceedings owing to the traditional requirement of corroboration. Though this is
recognized at common law, no part of the Sexual Offences Acts indicates the requirement of corroboration. Shockingly, Sierra Leone does not have a statute purely
dedicated to providing rules for the presentation of evidence. Hence, there is much indeterminacy as to the precise rules governing the presentation of evidence in
sexual offence cases including rape.
1.6 Literature Review
In developing this research, few literatures were consulted which influenced the discussion. Of those academic contributions reviewed, the following were outstanding.
1.6.1 The Rape Corroboration Requirement: Repeal Not Reform
This literature is concerned with the criticism against the requirement that there should be additional evidence to support the mere act of the rape perpetrator. This,
12
being a criticism, which flows from feminist activists, is concluded to be gender discriminatory. The supporting evidence must either come from other witnesses
13
other than victim or the physical circumstances of the victim. A radical approach in proposing for the intervention of the jury and the judge alone to handle evidence
adduced by the victim is strongly conveyed in this contribution. A portion of its detailed contents reveals the history, substance and effect of the corroboration
14
requirement. History reveals that the requirement of corroboration never existed in the common law but, with an exception, applicable only to the offence of perjury.
15
This meant that the prosecution of rape and other sexual offences did not require corroboration to secure conviction. In this research, it is revealed that the number of
16
jurisdictions who struck out the corroboration requirement far outweighed those who maintained it or took an indeterminate view. In fact, it was the case that every
bit of element prescribed by the rape offence was subject to corroboration though later reforms left ‘the application of force’ as the only element that required
12
The Rape Corroboration Requirement: Repeal Not Reform (The Yale Law Journal Vol. 81:1365, 1972) p.1365
13
ibid
14
Ibid p.1366
15
ibid
16
Ibid p.1367
17
corroboration. Force was proven where there existed manifestations of recent violent intercourse, abandonment of articles of clothing by victim, the condition of her
18
clothing and her hysteria. Other signs such as pregnancy, the subsequent birth of a child by the victim, the perpetrator’s presence at the crime scene, the opportunity
19
he had to perpetrate and the collection of the victim’s belongings at the crime scene.
By statistics, the corroboration requirement of rape hugely results to the low rate of conviction in States that strictly enforce it unlike those that do not enforce it.
Though corroboration is criticized to be disadvantageous to females, it is equally argued that the same applies to perpetrators of sodomy which involves male victims.
20
Though the frequency of the latter’s happening is low, the existence of such fact is enough to register the non-discriminatory nature of corroboration. The
justifications given for corroboration requirement are: the frequency of false rape charges, emotions people raise by a charge of rape, and difficulty in defending against
21
an accusation of rape. In advancing the argument on reform, it is presented that even though perpetrators are prosecuted without corroborated evidence, the jury has
22
often proven competent enough to return a verdict that the perpetrator committed the offence.
Since corroboration serves as an integral procedural requirement of rape in most countries, it will be explored in my discussion within the Sierra Leonean context. This
is by reason of the fact that no statutory law provides for it but its common law application has survived the test of time.
23
1.6.2 The international politics of rape, sex and the family in Sierra Leone
This literature is concerned with the neglect of women and girls who happened to be victims of wartime rape. Mackenzie presents five areas of silence on rape - (1) the
formulation of British-colonial-law-friendly policies; (2) rape is presented as an integral tactic of the war in Sierra Leone; (3) stigmas associated with wartime rape and
children born as a result of rape derive partially from policies and legal structures that designate the liberal family model as the norm, and (4) information on children
born of war in Sierra Leone is presented; and (5) the inability of aid agencies to name and categorize children born of war within their existing classifications of
vulnerable children as child soldiers, abandoned children and street children is discussed as a major shortcoming.
His contribution further touched the area of sex and the family under which it is said that law and convention permit the rightful entitlement of children by males born
24
within or outside wedlock. A recount of rape during the Sierra Leone civil war is given through an overwhelmingly presented statistics of approximately 215000 and
25
257000 girls and women being affected. The research found that due to family pressure and social stigma, victims of rape often give second thoughts in instituting
26
criminal actions against perpetrators. This literature is important to this study as it serves as an eye opener in exploring the rape culture of Sierra Leone when
narrating its history.
17
Ibid p.1368
18
Ibid p.1369
19
Ibid pp.1369-1370
20
Ibid pp.1370-1371
21
Ibid pp.1371-1382
22
Ibid p.1382
23
Megan Mackenzie, The international politics of rape, sex and the family in Sierra Leone (ISS Paper 203 Institute of Security Studies 2009)
24
Ibid p.4
25
Ibid p.5
26
ibid
27
1.6.3 Wife Abuse in Sierra Leone: Polygamous Marriages in Dual Legal System
The last topic of this literature is dedicated to sexual abuse against the wife under customary and general law. Undoubtedly, marital rape fell under the microscope with
28
concern over its abolition in most jurisdictions owing to the inequality it has against women. The customary law approach has been that the woman remains the
29
property of the husband throughout the time of marriage. This means that a wife cannot normally refuse her husband sex save for certain instances: illness, rendering
30
her physically incapable of having sexual intercourse; menstruation; suckling of baby period; day time sex; sex in the bush. Consent is absolutely not required for
31
sexual intercourse under customary for both married and single partners. Under the Sierra Leone general law, rape was recognized and even exempted husbands
32
from being sued for having sexual intercourse with their wives. The general law has however taken a different approach in which perpetrators of marital rape are
33
now brought to book under the Sexual Offences Act.
The above highlights of key themes in the literature help in bringing to light the circumstances that prevent legal actions for marital rape and its possible connection
with how adducing evidence from those circumstances would look like in influencing a penalty for such.
1.5 Methodology
In developing this research work, the researcher has employed both qualitative and quantitative desk review methodology. The former targets the review of the relevant
literature on the subject matter. Statutes and cases will be consulted as primary sources in discussing the law on rape and evidence in proving it. Offline and online
texts, journals, reports and articles will be used to supplement the primary sources. Numeric data on the number of rape cases and its categorical effect on girls and
women will be sourced to complement the discussion.
1.6 Scope of Study
This work unlike others will primarily concentrate on the evidential aspect in the prosecution of rape cases in Sierra Leone. In conducting this examination, the
statutory and common law evidential requirements in proving rape will be examined. The work will extensively look at other areas such as rape victims’ experience in
the investigation and prosecution process; and the roles played my medical practitioners in the gathering of evidence. These other areas will help conclude on whether
the prosecution process is smeared in unreliable evidence collection or not.
1.7 Chapter Overview
Analysis of the subject matter will cover a socio-legal outline of the facts and law in the material chapters. In Chapter two, an understanding of evidence and its types
will be discussed; the meaning of rape will be explored; a brief backdrop of rape culture will be presented; criticism against the law of rape, and corroboration. Chapter
Three will present the role of the police in sexual assault investigation, the role of health care providers and forensic evidence will be analyzed. The ensuing Chapter
27
R. Bankole Thompson and Edna Erez, Wife Abuse in Sierra Leone: Polygamous Marriages in Dual Legal System (Vo.18, No.1 International Journal of Comparative and Applied Criminal Justice
1994)
28
Ibid p.35
29
ibid
30
ibid
31
ibid
32
Ibid p.36
33
See s.5 of the Sexual Offences Act No.12 of 2012
Four, the efficiency of Sierra Leone laws that prosecute perpetrators of rape, the experience of victims of rape in trying to obtain justice and the requisite knowledge
required from the law enforcement authorities and medical personnel in gathering evidence of rape cases will be analyzed. Conclusions and recommendations will be
made in Chapter Five.
CHAPTER TWO: HISTORICAL DEVELOPMENT OF THE LAW OF EVIDENCE
2.0 Introduction
Having established the background against which this research is set, it is timely to present the
meaning of evidence, its types and the laws governing evidence in Sierra Leone. This portion is
important as it serves as a foundational block of the subject matter. If an examination of the
evidences presented in rape cases is to be done, it is important to know the meaning of evidence,
its types and those having connection with rape proceedings. The meaning of rape will be given
and its historic perspective briefly explored. Its essence is to understand the development of the
offence, its elements and evidential requirements in proving it. This will be deductively reduced
within the Sierra Leone context to further understand its domestic outlook. The basic elements of
the concept of corroboration and its English statutory meaning after 1994 will be explored. This
will be useful in knowing developmental changes which occurred before and after the
codification of the law on corroboration.
2.1. Definition and Types of Evidence
Oxford Advanced Learner’s Dictionary defines “Evidence” to mean information that gives a
strong reason for believing something or prove something (i.e.) it is the foundation of proof. It
may also be defined as the acceptance of the statements or things presented by a person testifying
in establishing the existence of certain facts by the Court that occasions a proven fact.
In addition, the word “Evidence” has been defined and described by several authors and for a
proper understanding, some of these are hereby examined. Cross defines
evidence in relation to evidence of fact. He says; “the evidence of a fact is that which
tends to prove it, Something which may satisfy an inquirer of the fact’s existence”.
Phipson on the other hand, sees evidence as that which may be placed before the court in order
that it may decide issues of fact. Taylor stipulates that Evidence includes the following: 1. All the
classes of evidence; Such includes oral, documentary or real evidence 2. Facts proved 3. Facts
disproved.
2.2. Types of Evidence connected with rape
Evidence plays an important role in criminal cases all across jurisdictions. When there is enough
legitimate evidence presented in a case, it can help convict a suspect of a crime. 34 When there is
not enough evidence, the jury might return a not guilty verdict. Basically, there are four types of
evidence recognized by courts and I will take a look at them separately. 35 The four types of
evidence recognized in legal scholarship include: demonstrative, real, testimonial and
documentary. However, those directly connected with rape will be briefly explained:
2.2.1 Real Evidence
Real evidence is defined as a thing of any kind that was present or used in case being presented
in court. Real evidence can include: bloodstained clothing, a mangled vehicle, a gun, knife,
money marked by anti-theft coloring and many more.36
2.2.2 Testimonial Evidence
Testimonial evidence is viewed as by the court to be the simplest type of evidence. It does not
require any other piece of evidence to support it or make it legitimate. Testimonial evidence is
typically that of any statement made by a witness or other person during the course of trial.37
Of all the above types of evidence, real and testimonial evidence are usually tendered in rape
cases. The reason has always been that the victim is not only required to testify against the
34 st
‘Types of Evidence’ https://www.sivinandmiller.com accessed 31 May 2020
35
ibid
36
ibid
37
ibid
perpetrator, but other items such as torn clothes, blood and sperm stains are relevant in proving
the case. Hence, this is a combination of real and testimonial evidence. Though CCTV camera
footages (documentary evidence) are equally relevant in proving such cases, the adoption of this
method has not been traditionally achieved due to slow technological advancement.
2.4 Understanding Evidence
In everyday usage, the word ‘evidence’ has been loosely interpreted to mean anything used in
proving a claim. By way of example, a claim that a pen can defeat the force of gravity requires
the performance of an act to prove its practical possibility. However, evidence, in law, does not
only refer to anything that proves a point, but has to survive certain rules before earning
effectiveness in proving that point. Three set of rules have been identified in qualifying a piece
of information as evidence in law, namely: relevance, materiality and facts-in-issue and
admissibility.38 A piece of evidence becomes relevant when the court considers it receivable in
proving a fact. In other words, relevance qualifies a piece of information to be tendered before
the court for consideration. In technical terms, it has been precisely defined as ‘any two facts to
which it is applied are so related to each other that according to the common course of events one
either taken by itself or in connection with other facts proves or renders probable the past,
present, or future existence or non-existence of the other.’ 39 By illustration, things such as a torn
brassier, telephone messages, sperm and bloodstains, and a physically wounded adult coming
from an isolated building in the early morning hours are all relevant in proving a rape case
because of their ‘probative value’.
After passing this threshold, it becomes timely to consider the ‘materiality or importance’ of the
facts in issue. Lai Ho has safely guided that the materiality of a fact in issue is determined by the
law applicable to that case. In other words, sperm and bloods stains, and wounds sustained by the
victim are connected with the law on rape because lack of consent and penetration are at play in
issue. According to Lai Ho’s example, where the victim’s behavior portrays consent but is a
38
Hock Lai Ho, The Legal Concept of Evidence (Stanford Encyclopedia of Philosophy 2015) at https://plato.stanford.edu/entries/evidence-legal/ retrieved 20 August , 2020
39
ibid
minor, that behavior is ‘irrelevant’ in proving presence of consent because the criminal law
generally disqualifies minors from consenting. Hence, one fact in issue must be connected in law
with the other. If there is any mismatch in the generality and exceptionality of the law,
materiality cannot be established. Another word for material fact is ‘fact in issue’. 40 The last
element is admissibility and is determined by rules of evidence. If a fact is considered relevant
and material, it must not be, by law, excluded by reason of ‘hearsay’ and ‘the defendant’s
character.’41 Hence, hearsay and character evidence are the two exclusionary rules that generally
disqualifies a relevant fact from being admitted in evidence.
2.1. The Nature of Evidence in Rape Cases
In most common law jurisdictions, it is a rule of evidence of evidence that the judge must caution the jury that it is dangerous to convict in the absence of
corroboration, on the testimony of an accomplice, a child, or a victim of a sexual offence. The actual instruction the judge gives the jury, when the testimony of one of
these categories of witnesses is given in a trial, can be conveniently divided into two parts: first, the judge must warn the jury that it is dangerous to convict on the
testimony of the witness alone; second, he or she must list for the jury the independent evidence in the case that the jurors might find corroborates the testimony of the
witness.
Thus, this simply explains the fact that in the prosecutions for rape require a critical evaluation of the complaining witness’s credibility, as the accusation is “easily to
be made and hard to be proved, and harder to be defended”. Therefore, to avoid unjust conviction, no person shall be convicted of any offence upon the evidence of one
42
witness, unless such witness be corroborated in some material particular by evidence implicating the accused.
2.2. Relevance and Admissibility of Evidence
Relevancy is the ultimate touchstone for determination of the admissibility of evidence. It is due to this fundamental rule of the Law of Evidence that the terms ‘rele-
vancy’ and ‘admissibility’ are often used interchangeably. It must be noted that both the concepts are quite distinct from each other. For instance, a confession made by
an accused to his wife may be relevant but is inadmissible since it falls within the purview of ‘Privileged Communications’ It may be stated that all that is admissible is
relevant but all that is relevant may not be admissible.
40
ibid
41
ibid
42
Section 14 of the Prevention of Cruelty to Children
On the other hand, admissibility refers to the question as to whether the court must consider a relevant fact in deciding upon the issue or not. A fact is admissible only if
it does not infringe any of the rules of exclusivity provided by law. Thus, logically relevant facts are relevant but may not be admissible whereas legally relevant facts
are relevant as well as admissible. Relevancy is a question pertaining to the tendering of evidence before a court of law and is for the lawyer to decide. Whilst, admissi -
bility is for the judge to decide since it pertains to the weight that must be attached to a piece of evidence tendered before the court.
2.3. The Role of the Court in Assessing Evidence
In criminal cases the role of the court in assessing evidence has to do with the weight of the evidence. Which is a question of fact for the jury and its admissibility a
question of law. Therefore, evidence which is doubtful or of doubtful weight may be excluded by the judge from the jury’s consideration due to the risk of bias or
imperfect observation. The issue of admissibility is mostly a matter of law for judges while the weight of the evidence is a question of fact and the fact of the matter
determines its weight. Questions of law for judges include those relating to the substantive law, the competence of a person to give evidence as a witness, the
admissibility of evidence, the withdrawal of an issue from the jury, and the way in which the jury should be directed both on the substantive law and the evidence
adduced.
In general the judge decides issues of law including admissibility of evidence and directs the jury as to the meaning of legal rules which must apply to certain facts. The
jury decides questions of fact which includes the credibility and weight to be attached to the evidence adduced. Although questions of fact are generally decided by the
jury, judicial function includes the investigation of preliminary facts, and the assessment of the sufficiency of evidence. There are certain questions of fact (though
questions of fact are subject to jury determination) capable of being treated as questions of law and subject to be decided by judges wholly or in part this includes: The
construction of ordinary words has been suggested to be a question of fact to be decided by the court. Defamation- It is for the jury having been directed by the judge
on the law, to give a general verdict of guilty upon the whole matter put in issue-there has developed a rule whereby the judge decides whether the writing in question
is capable of the defamatory meaning alleged by the prosecution and if satisfied that this is the case it establishes it as a fact that libel is the fact in issue and the jury
construing the writing then decides whether it does in fact constitute criminal libel.
2.4. Conclusion
Discussions in this Chapter revealed insightful concepts which have been given rise to the following conclusions:
 Three set of rules have been identified in qualifying a piece of information as evidence in law, namely: relevance, materiality and facts-in-issue and
admissibility.
 Of all the above types of evidence, real and testimonial evidence are usually tendered in rape cases.
 The investigation of rape itself can be difficult – the collection of testimony and evidence in sexual violence cases can pose unique challenges. Further, a
lack of coordination between prosecutors and investigators can also create problems with evidence collection, causing eventual prosecutions to suffer.
CHAPTER THREE- LEGAL INSTRUMENTS ON RAPE IN SIERRA LEONE
3.0 Introduction
Having briefly laid out the primary nature and scope of evidence and its historic development, it is important to look at the law that provides for rape and its elements.
The importance of this portion is to present those parts or evidence of a rape charge that should be present in the prosecutor’s submission against the accused. Rape
cannot be proven without satisfying its statutory requirements because they qualify the materiality of a fact in issue as discussed in Chapter Two. Additionally, a brief
historical backdrop on corroboration will be given and deductively reduced within the Sierra Leonean context. Its discussion is relevant as its presentation in evidence
has traditionally remained crucial in proving rape cases. In fact, a number of criticisms have been presented in proving rape without corroboration owing to the possible
damage in reputation against the accused. Discussion on administrative steps by the police, healthcare workers and forensic scientists in ensuring the careful
investigation of rape cases will be done.
3.1 Establishing culpability in rape cases
To obtain conviction in rape cases, the prosecution is expected to prove that there is penetration; that the penetration is unlawful; that the victim does not consented
43
(non-consent); and that the victim’s testimonies are ably and independently corroborated . A detailed consideration of these requirements now follows:
A. Sexual Penetration
The preliminary section of the 2012 Sexual Offence act, which constitutes the interpretation of terms, interprets sexual penetration as “any act which causes the
44
penetration to any extent of the vagina, anus, and mouth of a person by the penis or any other part of the body of another person, or by an object.” It therefore
inevitably follows that penetration of the vagina by finger, stick, an effigy of penis or any other object can amount to rape. Neither ejaculation of semen nor rupture of
the female hymen is necessary to constitute rape; once there is penetration and the sexual intercourse continues, any aid given after penetration makes the aider a party
45
to the offence.
43 Francis Ben Kaifala (current Anti-corruption Commissioner) ( 2017) “Rape, Paedophilia and Sexual Assault on Girls: Challenges for Accessing Justice by Victims’’https://www.google.com/url?sa=t&sources=web&rct=j&url=https://sierrii.org/
content/ 02/20/2020
44 Sexual Offences Act 2012
45
46
Then section (6) of the same act mentions penetration in the definition of the term rape as “sexual penetration” there by making penetration as an element that must
be proven before a conviction is endorsed for rape. Thus, penetration rather than emission of semen or ejaculation of sperm determines whether there has been sexual
intercourse or not, at least for purposes of offence of rape and other sexual offences. Owing to the utmost importance attached to the establishment of penetration in
rape trials, it is pertinent to note penetration under the Sierra Leone law, however slight, is sufficient. In other words, it is sufficient if any part of the male organ
47
reaches the vagina lip known in medical terms as the “labia menorah.’’
B. Consent
48
Section 2( 1) of the 2012 Sexual Offence act defines consent as “agreement by choice and with the freedom and capacity to make that choice”. The act further
stipulates the circumstances under which an act does not imply consent as in the cases of the of use of force or violence, threat or intimidation, fear of harm, when
subjected to unlawful detention, incapable to be consented, incapable of understanding the act as a result of mental health, mistaken the sexual nature or the identity of
49
the person, avoiding to take reasonable steps to ascertain whether the person was consenting. There are few other sexual offences apart from rape which require non-
consent as an element of proof. This requirement is a distinct element of the crime of rape and another significant area that has witnessed changes in recent time. Under
the common law, a victim of rape was expected to show that she resisted to her utmost ability. This often-entailed actual physical resistance to the sexual advance and
50
mere verbal objection to such advance would not suffice. Thus, in 1889, the Supreme Court of Nebraska reversed a conviction on the ground that the woman
submitted when she had the power to resist. In a similar vein, a Wisconsin court defined non-consent as utmost resistance. The court held that the victim had not
adequately demonstrated her non-consent. The court further stated that not only must there be entire absence of mental consent but also there must be the most
51
vehement exercise of every physical means or faculty within the woman’s power to resist penetration of her person.
A clear distinction must however be drawn between consent and submission. While consent is a willing state of the mind to proceed with the act in question i.e. act of
sexual intercourse, submission may be due to threat, fear or intimidation. In R v. Day, the prisoner, a well-built man, offered to accompany a ten-year old girl on a
lonely lane where he carnally knew her. This was held by the court to be submission and not consent. According to the court in that case ‘every consent involves a
52
submission ; but it by no means follows that a mere submission involves consent. But to Smith and Hogan, an attempt to draw a distinction between consent and
53
submission conceals a great difficulty. It is the submission of the learned scholars that there was no tangible distinction as between the two concepts .
3.1 Common Law Provision of Rape
47 Moses Massa (2020), The Sierra Leone Sexual Offences Act 2012 (SOA): Protection, Perversion or Persecution of Rights? Concord Times
49 Susan Estrich (1987) Real Rape, Harvard University Press, Cambridge Massachusetts and London England
50Susan Estrich (1987) Real Rape, Harvard University Press, Cambridge Massachusetts and London England
51
523Smith, J.C & Hogan, B; Criminal Law (Butterworth, London, 1980)
53ibd
54
At common law, rape was defined as unlawful sexual intercourse with a woman against her will. The essential elements of the crime were sexual penetration, force,
and lack of consent. Also, women who were raped were expected to have put up some sort of physical resistance to the utmost of their powers otherwise the man would
not be convicted of rape. The above definition of the crime of rape and its essential elements have however been modified owing to the discovery of its inadequacies in
55
the face of the social and technological changes prevalent in the modern World.
3.2. The Historical Common Law Aspect of Rape
Rape was originally seen as a crime against property, or a crime against the man who ‘owned’ the victim. The word derives from the Latin ‘rapere’ (to seize) and
56
‘raptus’, the term used to describe the seizure of persons or property. Rape was traditionally seen to have the effect of depriving a father of a valuable property right
in the successful marriage of his daughter, and of depriving a husband of the exclusive sexual enjoyment of his wife’s body. Thus, it has been the practice of the Court
to admit evidence of past sexual history of a victim. The law, in this respect, stipulates that when a man is prosecuted for rape or for attempt to commit rape or for
indecent assault, it may be shown that the woman against whom the offence is alleged to have been committed was of a generally immoral character, although she is
57
not cross-examined on the subject. The woman may, in such a case, be asked whether she had had connection with other men, but her answer cannot be contradicted.
She may also be asked whether she had had connection on other occasions with the prisoner, and if she denies it, she may be contradicted. The relevance of this is to
58
show the judge the type of person the complainant is or to disbelieve her evidence.
This rule is pivoted upon the assumption that if a rape victim is engaged in consensual sex yesterday, she must have consented to sex today and therefore her activities
yesterday are relevant today. In other words, the attitude of the court was that women’s sexual reputation and chastity are indicators of their truthfulness and reliability
59
as witnesses. Important changes have however occurred in many countries in this respect. In England for example, before 1976, the defense in a rape trial was free to
cross-examine the complainant about any prior sexual behavior, whether with the accused or any other man. The law, strangely though, assumed that a rape victim was
60
likely to be untruthful because of her sexual encounters and gave the defense full license “to sling sexual mud” on her. This situation raises great concern about the
humiliation and distress suffered by rape victims during cross-examination. Ultimately, it was, as a result of this discovery, concluded in England that previous sexual
history of a rape victim was per se of no significance so far as credibility was concerned. Hence, the judge was given discretion to decide in each case whether the past
61
history and reputation of the victim may be introduced .
3.3 Statutory Definition of Rape
Section 6 of the Sexual Offences Act 2012 has been repealed and replaced by section 2 of Sexual Offences (Amendment) Act of 2019 and that section defines “rape” as
“A person who intentionally commits an act of sexual penetration on another person without the consent of that other person commits the offence of rape and is liable
54
Bateman, A.W. (1986). ‘Rape: The forgotten victim’. British Medical Journal, 292, 1306.
55
Grace, S., Lloyd, C. and Smith, L. (2001). Rape: from recording to conviction. London: Home Office Research Unit.
56
Henderson, L. N. (1988). ‘What makes rape a crime?’. (1988) 3 Berkeley Women’s Law Journal 193
57
Lees, S. (1997). Ruling Passions: sexual violence, reputation and the law. Buckingham: Open University Press.
58
Ibid
59
Warr, M. (1985). ‘Fear of rape among urban women’. Social Problems, 32, 239-250.
60
Bateman, A.W. (1986). ‘Rape: The forgotten victim’. British Medical Journal, 292, 1306.
61
A.T. Morris (1988) Empirical, Historical and Legal case Against the Cautionary Instructions: A call for legislation Reform. Journal Volume 1988 issue 1 dated (February
62
on conviction to a term of imprisonment not less than 15 years to life imprisonment." It also repeals Section 24(1) of the Children and Young Persons Act, (Cap 44)
and Section 70 of the Child Rights Act of 2007 by stating that a child who commits rape, shall be held accountable for his action and is liable on conviction to a term of
imprisonment not less than five (5) years but not more than fifteen (15) years. The years of imprisonment is increased in the same section in the case of a young person
who commits rape for a period not less than ten (10) years to life imprisonment. Finally, the act provides that people who are above the age of youth shall be
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imprisoned to a term of not less than fifteen (15) to life imprisonment when they are convicted for the crime of rape.
3.4 Sierra Leonean Authorities on Rape
3.4 Conclusion
This chapter has succeeded in giving an overview of how to establish a culpability in rape case, the common law meaning of rape, the statutory meaning of the concept
of rape in Sierra Leone and the sierra Leonean authorities attached to rape.
This chapter concludes that at common law, not that previous sexual history of a rape victim was not significant, so far as credibility was concerned, because the judge
was given discretion to decide in each case whether the past history and reputation of the victim may be introduced.
62
Sexual Offences (Amendment) Act of 2019
63 ibid
4.0. CHAPTER FOUR: THE NEED FOR CORROBORATION EVIDENCE IN RAPE CASES
This chapter presents the data collected in the field in respond to the interviews framed around the three research questions probing on the efficiency of Sierra Leone
laws that prosecute perpetrators of rape, the experience of victims of rape in trying to obtain justice and the requisite knowledge required from the law enforcement
authorities and medical personnel in gathering evidence of rape cases.
4.2 Corroboration
The word ‘corroboration’ has been defined in many ways. Corroboration is defined as: ‘Evidence which tends to confirm the truth or accuracy of certain other
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evidence by supporting it in some material particular.’ This means that it is evidence other than that of the victim which materially supports the victim’s. From
another angle, ‘corroboration’ has been defined as: ‘Independent evidence which supports the testimony of the complainant confirming from some other sources that
65
the witness (complainant) is telling the truth in some parts of her story which goes to show that the accused committed the offence.’ According to A Dictionary of
66
Law, corroboration is ‘evidence that confirms the accuracy of other evidence “in a material particular”. The above definitions are common law definitions. They are
67
based on a legal centrist point of view. In Sierra Leone, corroboration is not applied by reason of statute but under the common law. Hence, its recognition and
68
application is conventional. In the Sierra Leonean case of The State v. Mohamed Bangura , the learned judge stated that ‘…in our jurisdiction… a conviction can in
fact be founded upon the uncorroborated account of a juvenile or any victim of a sexual offence… [he added to this by borrowing from a Kenya High Court that] this is
not unlike other jurisdictions in Africa [because] it has long been the custom to look for and require corroboration before a conviction for such an offence to be
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recorded.’
Types of Corroboration
Admission, Confessions, Conduct, Lies, Document such as a medical certificate though not
always conclusive, Blood stains and Distressed condition
3.2.1 Corroboration Requirement in Sexual Offences: The English Common Law Experience
On a charge of a sexual offence, it is the practice of the English courts that the judge must direct the jury that it is dangerous to convict on the uncorroborated testimony
of the complainant. The nature of this danger must be explained. The judge should tell the jury what the law understands by corroboration in this context, and he should
70
indicate the sort of evidence which could be corroborative. The testimony of a rape victim must be supported by additional evidence to sustain a conviction.
Corroboration is required for each material element of the offense-force, penetration, and identity of the accused. The word of a rape victim must be supplemented by
64 John, A. Andrews and Michael Hirst (1987)

65
Tibatemwa L.(2005) Criminal Law in Uganda; Sexual assaults and the offences against Morality Fountain Publisher:Kampala
66
(Martin & Law, 2009).
67
Tibatemwa L.(2005) Criminal Law in Uganda; Sexual assaults and the offences against Morality Fountain Publisher: Kampala
68
(CRN 261/2016) [2019] SLHC 30
69 ibid
70
Harris, J. (1997). The Processing of Rape by the Criminal Justice System: Interim Report. London: Home Office.
the testimony of other witnesses or by circumstantial evidence to sustain the prosecution's case. In these same jurisdictions, and throughout the country, the word of the
victim of a robbery, assault, or any other crime may alone constitute sufficient evidence to sustain a conviction. No state requires direct eyewitness testimony to
corroborate any element of the offense.
Force can be corroborated by physical signs of recent violent intercourse, abandonment of articles of clothing by the victim, the condition of her clothing, her hysteria,
and in some instances her prompt complaint to legal authorities. Penetration is commonly corroborated by medical testimony based on a physical examination of the
complainant, but it also can be corroborated by pregnancy or the subsequent birth of a child. Identity of the accused can be corroborated by such evidence as his
presence at the scene of the crime, his opportunity to commit the crime or the victim's verifiable recollection of his possessions at the scene of the crime. Any one or all
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of these three elements of a forcible rape offense also can be corroborated by admissions of the defendant.
3.2.2 Justification for Corroboration Requirement
A number of justifications have been put forward by the courts and commentators justifying the need for corroboration or at least a mandatory caution to the jury in the
absence of corroboration in rape cases.
A. Frequency of False Rape Charges
It is generally believed that false accusations of sex crimes in general, and rape in particular, are much more common than untrue charges of other crimes. A number of
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different motives may prompt a deliberately falsified accusation of rape. A woman may consent to sexual intercourse with a man, then feel ashamed of herself and
bitter at her partner, and bring charges of rape against him. Or, she may have become pregnant and accuse an entirely innocent party for the purpose of shielding the
man who actually caused her pregnancy. A woman may falsify charges for the purpose of blackmail. Or, she may do so solely out of hatred or revenge, or for
73
notoriety.
There are several factors, however, which discourage accusations of rape, whatever their motive. For example, there is the stigma that attach to the victim of an incident
culturally defined as sordid, and the humiliation caused by some forms of publicity associated with such charges. Also to be considered are the necessity of
confronting the assailant and the reluctance to face the insinuations of the defense lawyers. There is, in addition, the fear of retaliation from the accused rapist or his
friends. Finally, there is the deterrent effect of the existence of the corroboration requirement itself, at least to the extent that a potential complainant may be aware of it.
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These disincentives are so powerful that many real victims of rape avoid reporting incidents. Statistics indicate that rape is "one of the most under-reported crimes…
B. Emotion Raised by a Charge of Rape
71
ibid
72
Corroborating Charges of Rape, supra note 8, at 1138. See Ploscowe, Sex Offenses: The American Legal Context, 25 L,w & Co.'TE.ttp. Pnou. 217, 019-23 (1960),
73
"[Y]oung girls, like older females, sometimes concoct an untruthful story to conceal a lapse from virtue." State v. Connelly, 57 Minn. 482, 486, 59 NAV. 479, 481
74
Williams, Corroboration-Sexual Cases, 1962 CsuM. L. REv. 662.
The second explicit justification for a corroboration requirement in rape cases is the suspicion that in such cases the presumption of innocence to which a defendant is
legally entitled is likely to give way to "the respect and sympathy naturally felt by any tribunal for a wronged female. This alleged danger of unfair prejudice against
the defendant in a rape case has two elements. It is believed that "the heinousness of the offense" may transport "the judge and the jury with so much indignation that
75
they are hastily carried to the conviction of the person accused…" Also, juries are thought to be "pre-inclined to believe a man guilty of any illicit sexual offense he
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may be charged with, and it seems to matter little what his previous reputation has been."
3.3 Corroboration in Context of Sierra Leone
Sierra Leone on the other hand, still strictly abides by the old common law dictates with regards to corroboration of evidence in rape cases. “Corroborative evidence”,
77
in the Sierra Leone legal terms is a sine qua non for conviction and it remains a mammoth challenge for the prosecution. In addition to the provisions of the common
law, section 6 of the Sexual Offences (Amendment) Act of 2019 demands that the Attorney-General “, upon giving to the Registrar of the Court and to the accused a
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notice of its intention to (prosecute the accused) do so together with a summary of the evidence to be given by that witness.’’ Prosecutors in criminal matters in the
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State are conventionally required to adduce corroborative evidence in the process of prosecution for the victims. The act even further states a rigorous demand
80
whenever the Attorney General deems it fit to call upon additional witnesses “to give necessary or material evidence” that were neither mentioned by the report of
the police’s investigation nor other investigators, like medical personnel.
The situation is Sierra Leone poses more difficulties for the victims of rape, from the scene of crime at a family set up, to the police stations for obtaining a medical
report form and investigations, to the hospital for medical examination and signing of the medical report form to corroborate the sexual offence committed by the
perpetrator and finally to the magistrate court for court proceedings which is done in unfriendly manner.
One such example is a sexual offence case involving a fourteen-year-old girl whose case was prosecuted in Court Nos. 1A and 3 presided over by Magistrates Adrian
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Fischer and Shyllon in Freetown. The accused, a secondary school teacher in Freetown, was charged with threatening to kill the victim in Court No.1A and rape,
abduction and illegal abortion in court No. 3. Worthy to note is that, whereas the prosecution has two pro bono lawyers, the accused on the other has four defence
counsels. Added to this, the court remained very adamant in demanding corroborative evidences to support the statement of the victim. This gives a clear picture of
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how the Sierra Leone laws could be obstacles in the prosecution of rape cases.
4.4 The role of Investigators in enhancing corroboration
75
J. VuMom, supra note 64, § 924(a), at 736.
76 ibid
77
78
Sexual Offences (Amendment) Act of 2019
79 State v. Mohamed Bangura

80
Ibid Sexual Offences (Amendment) Act
81
Millicent Mannah (2016) “A Critical Analysis of Sexual Offences Under Sierra Leone Law” https://www.google.com/url?sa=t&sources=web&rct=j&url=https://sierrii.org/content/ A Critical
analysis of sexual offences under sierra leone law- 04/21/2020

82
Ibid Milicent Mannah
4.5 The Role of Police in Sexual Assault Investigations
The role of the police in responding to allegations of sexual assault is critical, since it is the police officer who will be the victim’s first point of contact with the
criminal justice system. All further decisions and interventions of the criminal justice system are dependent upon this initial contact. The primary role of the police in
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dealing with allegations of sexual assault is to ensure that a thorough, unbiased, and professional investigation is conducted. At domestic level, the police are already
84
guided in the arrest and prosecution of defendants, the protection of witnesses and the assistance of victims for medical treatment. Perhaps more than any other
crime, the testimony of the victim is vital because it is often the primary source of evidence for the prosecution. In this respect, police officers must first seek to
understand the impact and trauma experienced by victims of sexual assaults. The nature of the police response to the initial complaint will directly impact three critical
85
components: the victim’s ability to work towards healing and recovery, the overall investigation, and any court proceedings that result from the investigation.
The police should work collaboratively with external agencies to minimize further trauma to the victim during the investigation and possible prosecution. A
collaborative response to victim care ensures that their emotional, mental, and physical health concerns are addressed, while working towards creating a positive
experience for all victims involved in the criminal justice system. If the police have reasonable and probable grounds to believe an offence or offences have been
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committed, charges are laid. Police disclose their investigation and evidence at an early stage to ensure a swift, fair and efficient process.
Role of Health Care Providers
Health care providers play a dual role in responding to survivors of sexual assault. The first is to provide the required medical treatment and psychological support and
the second is to assist the survivor in their medico-legal proceedings by collecting evidence and ensuring good quality documentation. After making an assessment
regarding the severity of sexual assault, the first responsibility of the doctor is to provide medical treatment and attend to the survivor's needs. While doing so it may be
pertinent to remember that the sites of treatment would also be examined for evidence collection later.
Do the Sierra Leone police investigators and medical personnel receive training with regard to rape in general and specifically to the significance and use of
forensic evidence in cases of rape?
Majority health workers and law enforcement authorities in Sierra Leone, often lack training in appropriate and effective techniques for the collection of evidence in
cases of sexual offences. One of the respondents, a lawyer and a master’s degree holder in Criminal psychology said about evidence collection that in rape cases, that
“examiners routinely employ medically groundless tests, such as virginity exams, while failing to collect evidence of non-consensual intercourse or evidence that could
help to establish the identity of the perpetrator’. The significant flaws in the system of collecting evidence, analyzing the evidence means that most examiners fail to
provide adequate testimony in court. In many cases, ‘doctors lacked training regarding the terminology, significance, and appropriate courtroom use of medical
83
Turvey, B. E. & Savino, J. (2004) Rape investigation handbook, London, England: Elsevier Academic Press.
84
See the provisions of the Criminal Procedure Act of 1965 and the Sexual Offences Act 2012
85
Ibid
86
Krahe, B. (1991). ‘Police officers’ definitions of rape: A prototype study’. Journal of Community and Applied Social Psychology, 1, 223244
evidence’ said a prosecutor. This reduces the usefulness of the records they make. Not only is information that is probative often missing from the report, but also
information that is irrelevant but potentially prejudicial to the victim is included in the report. Furthermore, the prosecutor added that ‘doctors do not understand the
importance of ensuring the chain of custody of the evidence to prevent any possibility of it being tampered with’.
But the blame game is on all sides, one of the respondents said, many prosecutors lack training in how to present evidence in legal proceedings. One of the most glaring
errors he emphasized is when prosecutors ask medical examiners to present legal conclusions, “was the victim raped” as opposed to findings of fact that would support
or refute the legal conclusions.” Like doctors, many prosecutors share misinformation with regard to the importance of the women’s virginity and the condition of her
hymen in determining whether she was raped. The testimony of the evidence examiner creates an opportunity for the prosecution to recreate the crime so that the judge
and jury understand the seriousness of crimes of sexual violence, yet most prosecutors fail to use this opportunity.
He added that in many cases, ‘they are insensitive to victims' trauma’; that is failing to explain the nature or purpose of the exams they are conducting; fail to get the
victim's informed consent to conduct tests and collect evidence; allow outside observers to attend examinations without getting the victim's permission; and, fail to
provide treatment for injuries victims have sustained.
“Treatment is not our concern,” explained a surgeon of the office of Surgeon Medico legal at Rose Road, Cline Town Unit. The researcher repeatedly found systems in
which the medical response to sexual violence was bifurcated, i.e., a woman would go first to get a legal evidence exam and then to a medical clinic for treatment. This
process raises issues of medical ethics, namely, should the government support a system in which trained health professionals fail to provide medical treatment to a
patient. This is particularly critical in cases in which a woman may not have obvious injuries and may be unaware of the importance of being checked for internal
injuries and receiving information about pregnancy or the risks of contracting sexually transmitted diseases as a result of a rape.
On a more practical level, a senior police officer at Rose Road Police Station said ‘this split in the system effectively discourages women from seeking the evidentiary
exam.’ And that is explicit! For instance, in cases of serious injury, the medical examiner will refer the woman for additional treatment, but in many cases, the medical
examiner will be the only health professional she will consult in the wake of the rape. The failure to provide basic counseling and treatment can results in serious and
unnecessary health consequences for the victim. And in another instance’s health professionals require women to pay a fee for the medical exam, as well as paying the
police to provide the mandated transportation to the facility, limited resources may force her to choose between having that exam and seeking medical attention.
4.6 The Role of Forensic Evidence in Cases of Sexual Violence
The laws governing prosecution of crimes of sexual violence vary widely from state to state. The primary role of the police in dealing with allegations of sexual assault
87
is to ensure that a thorough, unbiased, and professional investigation is conducted. However, emerging international standards have focused on proof of three
elements. The prosecutor must prove some penetration, however slight, of the vagina or anus by a penis or another object or the penetration of the mouth by a penis.
The prosecutor must prove that such penetration occurred without the consent of the victim, against her will, or that she lacked the capacity to consent. The lack of
87
This is governed by the Criminal Procedure Act 1965 especially in the arrest and prosecution of perpetrators. The Sexual Offences Act supra also commits them to assist victims of sexual violence in
obtaining medical treatment.

capacity can be temporary, for example if a woman is drugged then raped, or permanent, for example if a woman is in a coma. Finally, the prosecutor must prove the
88
identity of the perpetrator.
Forensic evidence addresses these three elements in the prosecution of cases of sexual violence. It can offer evidence as to whether the complained of act occurred, i.e.,
was the woman vaginally, anally or orally penetrated and by what? It can support allegations that the perpetrator used force. And finally, it can address the identity of
the perpetrator. Although DNA testing based on semen, blood, skin and organ tissues, saliva or hair follicles remains unavailable in most countries, more basic tests on
89
this evidence can corroborate the identity of the perpetrator or exclude a suspect.
Until the amendment of the 2012 Sexual Offence act in 2019, Sierra Leone has not set up any mechanism to address the attainment of forensic evidence in court cases,
and rape in particular. Section 9 of the 2019 (amendment) Sexual Offence only creates a provision that “the Minister responsible for Social Welfare, Gender and
90
Children Affairs, may by Statutory Instrument, make rules for the provision of rape kits and the training of forensic experts and setting up of Forensic Laboratories”
The Role of Witness in adducing corroborative evidence
1. Has the state adopted appropriate standards laws that enhanced fair prosecution of cases of rape and where Sierra Leone legal provision stands
with regards to rape and the requirement of corroboration of evidence?
Since the end of the eleven years civil war, Sierra Leone has almost revolutionized the legal framework of sexual offences and especially in the instance of rape. The
country has enacted the Child Rights Act (2007) which embeds most of the rights of the child, including the right not to be sexually abused or raped. In 2012, the
st
county enacted a landmark statute of sexual offence act. This act streamlines enormously a standard of best practice legal offences, reflecting the 21 century rights to
make a choice for sex or not, to be protected as a child, not to be coarse for sex in the work place or as a student and many more. The 2012 act has also been amended
in 2019 to match the current campaign of Hands off Our Girls.
However, despite the huge effort of the past and current government there still remain some gaps to strengthen the arm of the law in that area of sexual prosecution as
this research findings clearly reveals from the respondents of lawyers and other law officers. One of the critical areas that seem to be contentious among lawyers is on
the area of corroboration. According one of the participants that said to have practiced law for twenty two years, “the law on that area is sacrosanct because judges
always demand that every rape case must be corroborated, even when the victim is under age and they say it the law and cannot be tampered with to reflect individual
discretion.”
One participant however, said ‘strict demand for corroborating offences of sexual abuse has frustrated a lot of victims he has represented in court’. The frustration is
believed to be related to the lack of scientific means or forensic machines that could detect semen and other corroborative material which the nicked eye cannot see;
thus a respondent refers to the way corroboration is done in Sierra Leone as ‘manual corroboration”. He said the police officers as well as the prosecutors have to be
88
Millicent Mannah (2016) “A Critical Analysis of Sexual Offences Under Sierra Leone Law” https://sierrii.org/content/ A Critical analysis of sexual offences under sierra leone law- 04/21/2020
89
Walsh, A. (1986). ‘Placebo Justice: victim Recommendations and offender sentence in sexual assault cases’. Journal of Criminal Law and Criminology, (1986) 77, 1126-71.
90
Section 9 of the 2019 (amendment) Sexual Offence
convinced that it is a rape or else a no charge report will be given; while he compared such a scenario to other jurisdictions that meet the forensic standards, ‘thorough
forensic investigation is a must’ he said before a decision is take to quite the accused.
The fifth participant brought to the researcher a concept which is not discussed in this research but very relevant to the topic at hand, that is ‘grooming’. The participant
stated that the laws of Sierra Leone totally avoid being explicit about grooming as list of crimes a rapist might commit, especially against children. He said “grooming
does not require that any sexual offence is actually committed with a child, or that there is any specific conduct involved in grooming such as exposing the child to
indecent material or seeking to persuade the child to take part in sexual activity’. Rather he was implicitly saying that the law should have encompassed other very
critical area, such as involving communicating intention to either the child, the parent or care taker that may lead to sexual abuse.
2. What the victims of rape say about their experiences in trying to prosecute their offenders and what experience do they recount going through the
rigors of the police investigators, medical personnel, and the court as victims of rape?
This section focus on the experiences of a sample of victims of rape cases who chose to report the offences and examines how their decision to report and subsequent
involvement as a witness in a criminal prosecution has impacted on their lives. The overall goal of the section is to ascertain, based on the participants’ direct
experience.
Victims’ contact with the law enforcement authorities
All victims in the current study made their first official report of the offence(s) to a law enforcement agency. Making contact with the police and being interviewed for
the purpose of taking a statement. Victims related their experience of being interviewed by the police and their subsequent contact with the law enforcement authorities
and rated their overall experience of contact with the police. Victims commented particularly on the lack of privacy during the interview and on the cold or ‘sterile’
atmosphere in the office or room in which the interview took place. ‘I had the idea that the interview would be much more discreet, people kept coming in and out at
the beginning. It took place in a very sterile office, with three male police officers present, a desk and three chairs.”
All victims who had been interviewed in chief by a female police officer reacted positively to being interviewed by a female and none expressed a preference to be
interviewed by a male police officer. In the main, victims who had been interviewed by a female police officer described her attitude and behavior towards them in
positive and often in very positive terms. Female police interviewers were typically described as patient, supportive, empathic and/or ‘clued in’ to the needs and
feelings of the participant. ‘The policewoman was very understanding, she took my story very personally, and she stayed with me until I had finished what I had to say.
Everyone in this situation should be dealt with by a policewoman.’
A number of issues also arose which caused concern or were problematic for victims. The most frequently mentioned were: the feeling of not being believed, the
indifferent attitude of certain police officers, and finally the making of inappropriate remarks to the participant. ‘The other officer acted indifferently, as if I was
reporting that someone had broken a window. The reaction of the police to things like the clothes that I was wearing at the time, was unbelievable.’ Majority of the
victims were critical of their subsequent contact with the police or, more accurately, were critical of the paucity of contact with the police after the initial report had
been made. ‘After the initial reporting, I was very frustrated with the police. There was no communication; they never informed me about the case.’ This frustration
with lack of communication or contact on the part of the police was reiterated by a number of participants. In addition, two participants were highly critical of the
attitude of and treatment by the investigating police officers. ‘My experience with the police got worse; I think very much that they didn’t believe me. They treated me
as if I had asked for it’
Victims’ experience of the medical examination
Reporting a rape activates a complicated process which can involve several agencies alongside the law enforcement agency. Depending on the circumstances of their
experience, victims after reporting to the police may be required to attend a medical examiner for the purpose of gathering medical evidence. Those victims who had
attended a medical examiner for the purpose of gathering such evidence were asked questions relating to this experience. Many of the victims commented on the
anguish and distress they experienced while undergoing the medical examination. One victim reported experiencing pressure to attend a hospital for the purpose of the
forensic medical examination, in her own words: ‘I was more or less forced to go to the hospital and not to my own doctor. I didn’t want to go because I had very
negative expectations.’
Another victim reported that the first hospital that she was taken to by the police was not able to examine her because ‘they didn’t deal with cases of rape’. She then had
to be taken to another hospital. This victim commented that there appeared to her ‘to be a lack of coordination’ between the police and the medical authorities. This
lack of co-ordination led to her experiencing a sense of confusion, of ‘not knowing where she was’ at this time. Many of the victims commented on the upsetting nature
of the experience of a medical examination. One of the strongest comments in this respect: ‘The medical examination was a horrible experience; it was very, very
upsetting for me.’
A number of issues also arose which caused concern or were problematic for victims. Among these the most frequently mentioned were: the indifferent and often
austere and attitude of certain medical examiners, the treatment received from certain other medical personnel and finally the experience of having the medical
examiner make inappropriate remarks to the participant. A minority of victims reported that they had the impression that the medical examiner was annoyed that he had
to examine a victim of rape or sexual violence, which in addition to his normal medical-care procedures necessitated the collection of evidence. Specifically,
participants felt that this additional evidence-gathering procedure was an imposition on the medical examiner’s time. Victims reported feeling that when the medical
examiner adopted such an attitude they in effect minimized the traumatic experience or experiences which the victim had been through. The strongest comment by a
participant on this matter is as follows: ‘The first thing that the doctor who examined me said was that ‘without me he would have had free time’.
Victims’ experience going through the trial procedures
One of the main legal players victims encounter during the legal process is the prosecutor, whose role it is to prosecute the case on behalf of the state and to try and
secure a conviction. In this section of the interview, victims were asked about the attitude of the prosecutor, the court proceedings, and other relevant questions relation
to the same matter. Victims typically stated that the reason for their dissatisfaction was that since they did not have the opportunity to meet with the prosecutor prior to
the trial that meant the prosecutor had no personal knowledge of the participant, of the participant’s character, her feelings or her experience. ‘I had no contact with the
prosecutor until the morning of the trial.’ Due to this lack of knowledge of the participant, participants were often of the belief that the prosecutor was representing the
state and the state alone. ‘It was obvious that he was representing the state and not me.’
To many victims, the impact of the delay in the case coming to trial was appalling. One victim stated that for her, ‘. . . every delay felt like a new abuse.’ Almost all of
the victims remarked on the fact that the delay had a very negative impact on their personal lives. They remarked that they had wanted to forget what had happened, but
couldn’t because they had the case ‘hanging over them.’ This in their view had a very negative impact on their recovery in that they had great difficulty in ‘getting
ahead’ until the case was over. ‘On the whole I found the process very long. During the whole time, you cannot forget what happened because you know you will have
to talk about it again and again and be expected to remember everything clearly.’
During the court proceedings, one participant described the courtroom in the following terms: ‘it was like a lorry park, there were so many people coming and going’.
In addition, a number of victims stated that because the courtroom was so crowded and the sound facilities therein so inadequate, they could not hear clearly what was
being said during the trial. Also, a substantial minority of victims also reported that they had at times during the trial and especially when they had to testify, felt
humiliated and embarrassed. The humiliation was caused, in the main, by the way in which intimate details of their personal lives were discussed in public. ‘At the
beginning the whole trial was very tough and stressful, I don’t have a past anymore, everything about me was known.’ Furthermore, victims reported that some of the
questioning on their prior sexual history caused them great distress, made them feel that they were not being treated fairly. ‘All the decisions seemed to go in favor of
the accused, I was questioned about my previous sexual history and this was very unfair, and very upsetting.’
The role and protection of witnesses
Witness protection in practice, gives psychological confidence and security to witnesses and victims, especially issues such as rape or sexual violence, cases involving
minors and people with disabilities. In cases of sexual violence or rape, victims are usually ashamed to testify or even help in the prosecution of such offences.
In cases involving children, a child victim/witness may also not be comfortable to testify in the presence of the defendant/accused. Such victim/witness should be given
the opportunity to testify in an atmosphere that is free from intimidation and other forms of fright. Therefore, arrangements should be made for a support system that
would ensure that the victim/witness undergoes counseling before testifying. The support system is also needed for cases involving witnesses with disabilities. This will
help combat the strains involved in accessing the courtroom, and the rigors of possible adjournments.
However, there is no established programme supporting witnesses and victims under the Sierra Leone Judiciary. Lawyers in the national court practice ad hoc system in
managing their witnesses. Consequently, some counsel come to court without even knowing the whereabouts of their witnesses, thereby causing undue delays to the
trial process.
3.9 Conclusions
In this Chapter, certain conclusions reached in the discussion process are highlighted as follows:
 Owing to the utmost importance attached to the establishment of penetration in rape trials, it is pertinent to note that penetration under the Sierra Leone
law, however slight, is sufficient.
 Though attempts have been made to draw a distinction between consent and submission conceals a great difficulty, other scholars have maintained that
there is no tangible distinction as between the two concepts.
CHAPTER FIVE- CONCLUSION
5.1 Conclusion
This dissertation resonates the current charged atmosphere of rape cases across the country and it tries to unearth the possible obstacles that victims face when trying to
prosecute their offenders. It therefore investigates the framework of laws that prosecute and convict perpetrators of rape, it probes into the experience of victims that
went through trials trying to hold accountable their perpetrators; what they say about their encounter with the law enforcement authorities, the medical examiners, and
the court and its authorities. The study also engages the police, the medical officers and lawyers to answer questions based on the efficiency of laws, medical
examination tools and training of police officers for effective investigation and prosecution purpose.
In the literature review, the dissertation delves deep into the international framework referencing the position of the United Kingdom which common law still guides
the country’s court decision making process, and other international conventions against sexual violence in which Sierra Leone is a signatory. The dissertation then
frames into the legal context of Sierra Leone mirroring stage by stage the trends and the laws the country has so far created to prevent sexual abuse and bring to book
perpetrators of rape. The literature on this section closes the argument with section 2 (1) of the 2012 act on the definition of consent. The concept of consent is
expanded referencing the supreme court of Nebraska and Wisconsin, despite both out of the common law justification but to throw light into what is reasonable
regarding the threshold a court will consider as an infringement of the right to be consented.
The literature on rape then discuss the concept of corroboration which serves as one of the themes the researcher aims to investigate mainly on what the Sierra Leone
laws say it involves. Well, it appears clearly from the literature that Sierra Leone is lagging far not only behind its colonial master but from other immediate Africa
countries. The current trend as per corroboration according to the UK law, the strict warning given to the jury by the a judge for convicting without corroboration has
been abrogated by section 32 of the Criminal Justice and Public Order Act of 1994.In R V Makanjuola the court established a guideline that it is now on the discretion
of the judge to either give warning or decline on giving a warning. Sierra Leone however, still uphold the old common law rule to either corroborate or give a stern
warning to the jury on the dangers of convicting without corroborating.
The date collected from the interviews also revealed a wide gap between what is written as law and what the law enforcement authorities, the medical officers and the
court execute. The victims are generally dissatisfied with the system and some emphatically said they will never attempt to go such a difficult experience again even if
they will be grossly violated to their rights for sexual consent and that might be suggested the reason for the lower report of cases of rape in the country. The victims
were especially frustrated with the police’s investigation as law enforcement authorities. They mentioned that their rights to privacy were not protected since interviews
were conducted in public places. And sometimes male police officers were accused of trivializing cases as mere claims; a statement which the victims said further
traumatized them. In the case of the medical personals the victims had similar experiences to those of the police as it appeared that the medical officer considered cases
of rape as a burden to their daily routine. Victims also faced a lot of constraint since they had to attend a separate medical examination for evidential purpose before
they were given a treatment to cure themselves from their wounds and trauma
5.2 Recommendations
 Special interview units should be provided for victims’ interviews with the police, and consideration should be given to the video-taping of the police
interview for adult victims as well as for children.
 Special training should be provided for doctors in the conduct of the forensic medical examination, and in giving expert testimony in rape trials.
 Co-ordination between police and medical personnel should be ensured, so that the police know where to bring a victim after she has reported a rape, and a
list of designated doctors should be provided in every police station for this purpose.
 Formal communication links should be established between the specialist medical unit, the designated doctors and the police. The victim should be able to
report rape directly to the specialist medical unit, without having to go to the police station.
 A Criminal Evidence Act should be enacted stipulating the procedures on evidence gathering, relevance and admissibility.
 Access to psychological counseling for victims of rape on a state-funded basis should be provided. This counseling should be available to the victim both
before and after the trial.
 Unnecessary delay between the reporting of rape and the trial date should be avoided, and attempts should be made to ‘fast-track’ cases of sexual violence,
even where the accused is not detained in custody.
 Separate facilities should be provided for the victim in court, to minimize her contact with the defendant. The introduction of a provision allowing the
removal of the defendant from the courtroom during the victim’s testimony should be considered.
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A CRITICAL ANALYSIS OF THE EVIDENCES PRESENTED IN THE PROSECUTION OF RAPE CASES IN THE WESTERN AREA, SIERRA LEONE

ADAMA FUADETTE SANKOH (3383)

SUBMITTED TO THE DEPARTMENT OF LAW, UNIVERISTY OF MAKENI-

SUPERVISOR: ABUBAKARR KOROMA, LLM, M.Sc.

ADAMA FUADETTE SANKOH (3383)

SUBMITTED TO THE DEPARTMENT OF LAW, UNIVERISTY OF MAKENI-

SUPERVISOR: ABUBAKARR KOROMA, LLM, M.Sc.

attainment of my first degree.

accomplish this assignment.

information from victims about trial processes.

affirm that this document is a true copy of my original research.

Supervisor’s signature ………………………

CHAPTER ONE –INTRODUCTION......................................................................................................................................................................................................................................3

1.3 Aims and Objectives...........................................................................................................................................................................................................................................................6

1.4 Research Questions............................................................................................................................................................................................................................................................6

1.5 Problem Statement.............................................................................................................................................................................................................................................................7

1.6 Literature Review...............................................................................................................................................................................................................................................................7

1.6.1 The Rape Corroboration Requirement: Repeal Not Reform...........................................................................................................................................................................................7

1.6 Scope of Study..................................................................................................................................................................................................................................................................11

1.7 Chapter Overview.............................................................................................................................................................................................................................................................11

CHAPTER TWO: HISTORICAL DEVELOPMENT OF THE LAW OF EVIDENCE........................................................................................................................................................13

2.1. Definition and Types of Evidence...................................................................................................................................................................................................................................13

2.2 The Nature of Evidence in Rape Cases............................................................................................................................................................................................................................14

2.3 Understanding Evidence...................................................................................................................................................................................................................................................16

2.4 The Common Law Meaning of Rape...............................................................................................................................................................................................................................17

2.5 The Historical Common Law Aspect of Rape..................................................................................................................................................................................................................17

2.6 The Criticism Made Against the Law of Rape.................................................................................................................................................................................................................18

2.7 Definition of Rape............................................................................................................................................................................................................................................................19

CHAPTER THREE- LEGAL INSTRUMENTS ON RAPE IN SIERRA LEONE......................................................................................................................................................21

3.1 Establishing culpability in rape cases...............................................................................................................................................................................................................................22

3.2.2 Justification for Corroboration Requirement.................................................................................................................................................................................................................26

3.3 Corroboration Requirement in England after the 1994 Act..............................................................................................................................................................................................28

3.4 Corroboration in Context of Sierra Leone........................................................................................................................................................................................................................30

3.5 The Role of Police in Sexual Assault Investigations........................................................................................................................................................................................................31

3.6 Role of Health Care Providers..........................................................................................................................................................................................................................................32

3.7 The Role of Forensic Evidence in Cases of Sexual Violence...........................................................................................................................................................................................33

3.8 The Role of Police in Rape Investigations.......................................................................................................................................................................................................................34

CHAPTER FOUR- DATA PRESENTATION, DISCUSSIONS AND ANALYSIS............................................................................................................................................................36

4.1 Victims’ contact with the law enforcement authorities....................................................................................................................................................................................................38

4.2 Victims’ experience of the medical examination.............................................................................................................................................................................................................40

4.3 Victims’ experience going through the trial procedures...................................................................................................................................................................................................41

1. Sexual Offences Act 2012

2. Sexual Offences (Amendment) Act of 2019

1. State v. Sheku Collier (Tapo) (001) [2020] SLHC 21

2. State v. Mohamed Bangura (CRN 261/2016) [2019] SLHC 30

3. R v. Makanjuola [1995] 1 WLR 1348

4. R v. Day (1841) 9 C&P722; 173 ER 1026

is legally and materially equipped to prosecute rape cases.

1.3 Aims and Objectives

evidences that meet the standard of acceptability.

requirement of corroboration of evidence?

forensic evidence in cases of rape?

1.5 Problem Statement

sexual offence cases including rape.

1.6 Literature Review

1.6.1 The Rape Corroboration Requirement: Repeal Not Reform

narrating its history.

women will be sourced to complement the discussion.

1.6 Scope of Study

the prosecution process is smeared in unreliable evidence collection or not.

1.7 Chapter Overview

made in Chapter Five.

CHAPTER TWO: HISTORICAL DEVELOPMENT OF THE LAW OF EVIDENCE